[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Notices]
[Pages 47039-47040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23803]


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DEPARTMENT OF JUSTICE


Notice of Consent Decree Under the Comprehensive Environmental 
Response, Compensation, and Liability Act

    Notice is hereby given that a consent decree in United States v. 
BFX Hospitality Group, Inc., Civil Action No. 98-CV-1297 TJM GLS 
(N.D.N.Y.) was lodged with the United States District Court for the 
Northern District of New York on August 11, 1998.
    The proposed consent decree resolves claims asserted by the United 
States, on behalf of the U.S. Environmental Protection Agency 
(``EPA''), against BFX Hospitality Group, Inc. (``Settling Defendant'') 
under Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. Secs. 9606, 
9607. The claims sought to recover past and future response costs and 
to obtain an order requiring the Settling Defendant to implement the 
selected remedy for Operable Unit One at the Robintech Inc./National 
Pipe Co. Superfund Site (``Site'') in the Town of Vestal, New York. The 
United States alleged that, under Section 107(a) of CERCLA, 42 U.S.C. 
9607(a), BFX Hospitality Group, Inc., is liable as the current owner of 
the Site and an owner and operator of the Site at the time of the 
disposal or release of hazardous substances.
    The proposed Consent Decree requires the Settling Defendant to 
implement the selected remedy for the Site at an estimated cost of $3 
million. The United States will be reimbursed by the Settling Defendant 
for $550,000 of past response costs. The Settling Defendants will also 
pay $600,000 of EPA's oversight costs, and EPA's future response costs 
associated with the Site.
    The Department of Justice will accept written comments relating to 
the proposed consent decree for thirty (30) days from the date of 
publication of this notice. Please address comments to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044 and refer to United States v. BFX Hospitality Group, Inc. 
(N.D.N.Y.), DJ #90-11-2-764.
    Copies of the proposed consent decree may be examined at the office 
of the United States Attorney for the Northern District of New York, 45 
Broadway, Room 231, Albany NY 12207; at the U.S. Environmental 
Protection Agency, Region II, 290 Broadway, New York, NY 10007-1866; 
and at the Consent Decree Library, 1120 G Street, N.W., 4th Floor, 
Washington, D.C. 20005, (202) 624-0892. A copy of the consent decree 
may also be obtained in person or by mail at the Consent Decree 
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. When 
requesting a copy of the consent decree by mail, please enclose a check 
in the amount of $60.75 (twenty-five cents per page

[[Page 47040]]

reproduction costs) payable to the ``Consent Decree Library.''
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division, U.S. Department of Justice.
[FR Doc. 98-23803 Filed 9-2-98; 8:45 am]
BILLING CODE 4410-15-M